2018 -- H 7340 | |
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LC003432 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2018 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY - THE REPRODUCTIVE HEALTH CARE ACT | |
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Introduced By: Representatives Ajello, Walsh, Casimiro, Donovan, and Ranglin- | |
Date Introduced: January 31, 2018 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby |
2 | amended by adding thereto the following chapter: |
3 | CHAPTER 4.13 |
4 | REPRODUCTIVE HEALTH CARE ACT |
5 | 23-4.13-1. Short title. |
6 | This chapter shall be known and may be cited as the "Reproductive Health Care Act." |
7 | 23-4.13-2. Noninterference in reproductive health care. |
8 | (a) Neither the state, nor any of its agencies, or political subdivisions shall: |
9 | (1) Restrict an individual person from preventing, commencing, continuing, or |
10 | terminating that individual's pregnancy prior to fetal viability; |
11 | (2) Interfere with an individual person’s decision to continue that individual's pregnancy |
12 | after fetal viability; |
13 | (3) Restrict an individual person from terminating that individual's pregnancy after fetal |
14 | viability when necessary to preserve the health or life of that individual; |
15 | (4) Restrict the use of evidence-based, medically recognized methods of contraception or |
16 | abortion except in accordance with evidence-based medically recognized standards; or |
17 | (5) Restrict access to evidence-based, medically recognized methods of contraception or |
18 | abortion or the provision of such contraception or abortion except in accordance with evidence- |
19 | based medically recognized standards. |
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1 | (b) For purposes of this section, "fetal viability" means that stage of gestation where the |
2 | attending physician, taking into account the particular facts of the case, has determined that there |
3 | is a reasonable likelihood of the fetus' sustained survival outside of the womb with or without |
4 | artificial support. |
5 | (c) Notwithstanding the foregoing, this section shall not be construed to: |
6 | (1) Abrogate the provisions of §§ 11-9-18, 11-54-1, 23-4.7-1 through 23-4.7-8, 23-13-21, |
7 | 23-17-11, or 42-157-3(d). |
8 | (2) Prevent the department of health from applying to licensed health care facilities that |
9 | provide abortion, any generally applicable regulations or standards that are in accordance with |
10 | evidence-based, medically accepted standards for the provision of abortion, provided that such |
11 | adoption or enforcement is not a pretext for violating subsection (a) of this section. |
12 | SECTION 2. Chapter 11-3 of the General Laws entitled "Abortion" is hereby repealed in |
13 | its entirety: |
14 | CHAPTER 3 |
15 | Abortion |
16 | 11-3-1. Procuring, counseling or attempting miscarriage. |
17 | Every person who, with the intent to procure the miscarriage of any pregnant woman or |
18 | woman supposed by such person to be pregnant, unless the same be necessary to preserve her life, |
19 | shall administer to her or cause to be taken by her any poison or other noxious thing, or shall use |
20 | any instrument or other means whatsoever or shall aid, assist or counsel any person so intending |
21 | to procure a miscarriage, shall if the woman die in consequence thereof, be imprisoned not |
22 | exceeding twenty (20) years nor less than five (5) years, and if she does not die in consequence |
23 | thereof, shall be imprisoned not exceeding seven (7) years nor less than one (1) year; provided |
24 | that the woman whose miscarriage shall have been caused or attempted shall not be liable to the |
25 | penalties prescribed by this section. |
26 | 11-3-2. Murder charged in same indictment or information. |
27 | Any person who shall be charged with the murder of any infant child, or of any pregnant |
28 | woman, or of any woman supposed by such person to be or to have been pregnant, may also be |
29 | charged in the same indictment or information with any or all the offenses mentioned in 11-3-1, |
30 | and if the jury shall acquit such person on the charge of murder and find him guilty of the other |
31 | offenses or either of them, judgment and sentence may be awarded against him accordingly. |
32 | 11-3-3. Dying declarations admissible. |
33 | In prosecutions for any of the offenses described section 11-3-1, in which the death of a |
34 | woman is alleged to have resulted from the means therein described, dying declarations of the |
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1 | deceased woman shall be admissible as evidence, as in homicide cases. |
2 | 11-3-4. Construction and application of section 11-3-1. |
3 | It shall be conclusively presumed in any action concerning the construction, application |
4 | or validity of section 11-3-1, that human life commences at the instant of conception and that said |
5 | human life at said instant of conception is a person within the language and meaning of the |
6 | fourteenth amendment of the constitution of the United States, and that miscarriage at any time |
7 | after the instant of conception caused by the administration of any poison or other noxious thing |
8 | or the use of any instrument or other means shall be a violation of said section 11-3-1, unless the |
9 | same be necessary to preserve the life of a woman who is pregnant. |
10 | 11-3-5. Constitutionality. |
11 | If any part, clause or section of this act shall be declared invalid or unconstitutional by a |
12 | court of competent jurisdiction, the validity of the remaining provisions, parts or sections shall |
13 | not be affected. |
14 | SECTION 3. Chapter 23-4.8 of the General Laws entitled "Spousal Notice for Abortion" |
15 | is hereby repealed in its entirety. |
16 | CHAPTER 23-4.8 |
17 | Spousal Notice for Abortion |
18 | 23-4.8-1. Declaration of purpose. |
19 | The purpose of this chapter is to promote the state's interest in furthering the integrity of |
20 | the institutions of marriage and the family. |
21 | 23-4.8-2. Spousal notice requirements. |
22 | If a married woman consents to an abortion, as that consent is required by chapter 4.7 of |
23 | this title, the physician who is to perform the abortion or his or her authorized agent shall, if |
24 | reasonably possible, notify the husband of that woman of the proposed abortion before it is |
25 | performed. |
26 | 23-4.8-3. Exceptions. |
27 | The requirements of § 23-4.8-2 shall not apply if: |
28 | (1) The woman having the abortion furnishes to the physician who is to perform the |
29 | abortion or the physician's authorized agent prior to the abortion being performed a written |
30 | statement that she has given notice to her husband of the proposed abortion or a written statement |
31 | that the fetus was not fathered by her husband; |
32 | (2) The woman and her husband are living separate and apart or either spouse has filed a |
33 | petition or complaint for divorce in a court of competent jurisdiction; |
34 | (3) The physician who is to perform the abortion or his or her authorized agent receives |
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1 | the written affirmation of the husband that he has been notified of the proposed abortion; or |
2 | (4) There is an emergency requiring immediate action. In the case of an emergency, the |
3 | woman's attending physician shall certify in writing on the patient's medical record that an |
4 | emergency exists and the medical basis for his or her opinion. |
5 | 23-4.8-4. Penalties. |
6 | In the event a physician performs an abortion, as defined by chapter 4.7 of this title, upon |
7 | a woman who he or she knows is married and the physician knowingly and intentionally violates |
8 | the requirements of this chapter, he or she shall be guilty of "unprofessional conduct" for the |
9 | purposes of § 5-37-5.1. |
10 | 23-4.8-5. Severability. |
11 | If any section or provision of this chapter or the application of any section or provision is |
12 | held invalid, that invalidity shall not affect other sections, provisions or applications, and to this |
13 | end the sections and provisions of this chapter are declared severable. |
14 | SECTION 4. Chapter 23-4.12 of the General Laws entitled "Partial Birth Abortion" is |
15 | hereby repealed in its entirety. |
16 | CHAPTER 23-4.12 |
17 | Partial Birth Abortion |
18 | 23-4.12-1. Definitions. |
19 | (a) For purposes of this chapter, "partial birth abortion" means an abortion in which the |
20 | person performing the abortion vaginally delivers a living human fetus before killing the infant |
21 | and completing the delivery. |
22 | (b) For purposes of this chapter, the terms "fetus" and "infant" are used interchangeably |
23 | to refer to the biological offspring of human parents. |
24 | (c) As used in this section, "vaginally delivers a living fetus before killing the infant" |
25 | means deliberately and intentionally delivers into the vagina a living fetus, or a substantial |
26 | portion of the fetus, for the purpose of performing a procedure the person performing the abortion |
27 | knows will kill the infant, and kills the infant. |
28 | 23-4.12-2. Prohibition of partial birth abortions. |
29 | No person shall knowingly perform a partial birth abortion. |
30 | 23-4.12-3. Life of the mother exception. |
31 | Section 23-4.12-2 shall not apply to a partial birth abortion that is necessary to save the |
32 | life of a mother because her life is endangered by a physical disorder, physical illness, or physical |
33 | injury, including a life-endangering condition caused by or arising from the pregnancy itself; |
34 | provided, that no other medical procedure would suffice for that purpose. |
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1 | 23-4.12-4. Civil remedies. |
2 | (a) The woman upon whom a partial birth abortion has been performed in violation of § |
3 | 23-4.12-2, the father of the fetus or infant, and the maternal grandparents of the fetus or infant, |
4 | and the maternal grandparents of the fetus or infant if the mother has not attained the age of |
5 | eighteen (18) years at the time of the abortion, may obtain appropriate relief in a civil action, |
6 | unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to |
7 | the abortion. |
8 | (b) The relief shall include: |
9 | (1) Money damages for all injuries, psychological and physical, occasioned by the |
10 | violation of this chapter; and |
11 | (2) Statutory damages equal to three (3) times the cost of the partial birth abortion. |
12 | (c) If judgment is rendered in favor of the plaintiff in an action described in this section, |
13 | the court shall also render judgment for a reasonable attorney's fee in favor of the plaintiff against |
14 | the defendant. If the judgment is rendered in favor of the defendant and the court finds that the |
15 | plaintiff's suit was frivolous and brought in bad faith, the court shall also render judgment for a |
16 | reasonable attorney's fee in favor of the defendant against the plaintiff. |
17 | 23-4.12-5. Penalty. |
18 | (a) Performance of a partial birth abortion deliberately and intentionally is a violation of |
19 | this chapter and shall be a felony. |
20 | (b) A woman upon whom a partial birth abortion is performed may not be prosecuted |
21 | under this chapter for violating this chapter or any provision this chapter, or for conspiracy to |
22 | violate this chapter or any provision this chapter. |
23 | 23-4.12-6. Severability. |
24 | (a) If any one or more provisions, clauses, phrases, or words of § 23-4.12-3 or the |
25 | application of that section to any person or circumstance is found to be unconstitutional, it is |
26 | declared to be inseverable. |
27 | (b) If any one or more provisions, sections, subsections, sentences, clauses, phrases or |
28 | words of the remaining sections or the application of them to any person or circumstance is found |
29 | to be unconstitutional, they are declared to be severable and the balance of the chapter shall |
30 | remain effective notwithstanding the unconstitutionality. The legislature declares that it would |
31 | have passed this chapter, and each provision, section, subsection, sentence, clause, phrase, or |
32 | words, with the exception of § 23-4.12-3, irrespective of the fact that any one or more provisions, |
33 | sections, subsections, sentences, clauses, phrases, or words be declared unconstitutional. |
34 | SECTION 5. Section 11-23-5 of the General Laws in Chapter 11-23 entitled "Homicide" |
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1 | is hereby repealed. |
2 | 11-23-5. Willful killing of unborn quick child. |
3 | (a) The willful killing of an unborn quick child by any injury to the mother of the child, |
4 | which would be murder if it resulted in the death of the mother; the administration to any woman |
5 | pregnant with a quick child of any medication, drug, or substance or the use of any instrument or |
6 | device or other means, with intent to destroy the child, unless it is necessary to preserve the life of |
7 | the mother; in the event of the death of the child; shall be deemed manslaughter. |
8 | (b) In any prosecution under this section, it shall not be necessary for the prosecution to |
9 | prove that any necessity existed. |
10 | (c) For the purposes of this section, "quick child" means an unborn child whose heart is |
11 | beating, who is experiencing electronically-measurable brain waves, who is discernibly moving, |
12 | and who is so far developed and matured as to be capable of surviving the trauma of birth with |
13 | the aid of usual medical care and facilities available in this state. |
14 | SECTION 6. Section 27-18-28 of the General Laws in Chapter 27-18 entitled "Accident |
15 | and Sickness Insurance Policies" is hereby repealed. |
16 | 27-18-28. Health insurance contracts -- Abortion. |
17 | (a) No health insurance contract, plan, or policy, delivered or issued for delivery in the |
18 | state, shall provide coverage for induced abortions, except where the life of the mother would be |
19 | endangered if the fetus were carried to term or where the pregnancy resulted from rape or incest, |
20 | and except by an optional rider for which there must be paid an additional premium. This section |
21 | shall be applicable to all contracts, plans, or policies of: |
22 | (1) All health insurers subject to this title; |
23 | (2) All group and blanket health insurers subject to this title; |
24 | (3) All nonprofit hospital, medical, surgical, dental, and health service corporations; and |
25 | (4) All health maintenance organizations; |
26 | (5) Any provision of medical, hospital, surgical, and funeral benefits, and of coverage |
27 | against accidental death or injury, when the benefits or coverage are incidental to or part of other |
28 | insurance authorized by the statutes of this state. |
29 | (b) Nothing contained in this section shall be construed to pertain to insurance coverage |
30 | for complications as the result of an abortion. |
31 | SECTION 7. Section 36-12-2.1 of the General Laws in Chapter 36-12 entitled "Insurance |
32 | Benefits" is hereby amended to read as follows: |
33 | 36-12-2.1. Health insurance benefits -- Coverage for abortions excluded. |
34 | (a) The state of Rhode Island or any city or town shall not include in any health insurance |
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1 | contracts, plans, or policies covering employees, any provision which shall provide coverage for |
2 | induced abortions (except where the life of the mother would be endangered if the fetus were |
3 | carried to term, or where the pregnancy resulted from rape or incest). This section shall be |
4 | applicable to all contracts, plans or policies of: |
5 | (1) All health insurers subject to title 27; |
6 | (2) All group and blanket health insurers subject to title 27; |
7 | (3) All nonprofit hospital, medical, surgical, dental, and health service corporations; |
8 | (4) All health maintenance organizations; and |
9 | (5) Any provision of medical, hospital, surgical, and funeral benefits and of coverage |
10 | against accidental death or injury when the benefits or coverage are incidental to or part of other |
11 | insurance authorized by the statutes of this state. |
12 | (b) Provided, however, that the provisions of this section shall not apply to benefits |
13 | provided under existing collective bargaining agreements entered into prior to June 30, 1982. |
14 | (c) Nothing contained herein shall be construed to pertain to insurance coverage for |
15 | complications as the result of an abortion. |
16 | SECTION 8. Section 42-12.3-3 of the General Laws in Chapter 42-12.3 entitled "Health |
17 | Care for Children and Pregnant Women" is hereby amended to read as follows: |
18 | 42-12.3-3. Medical assistance expansion for pregnant women/RIte Start. |
19 | (a) The director of the department of human services is authorized to amend its title XIX |
20 | state plan pursuant to title XIX of the Social Security Act to provide Medicaid coverage and to |
21 | amend its title XXI state plan pursuant to Title XXI of the Social Security Act to provide medical |
22 | assistance coverage through expanded family income disregards for pregnant women whose |
23 | family income levels are between one hundred eighty-five percent (185%) and two hundred fifty |
24 | percent (250%) of the federal poverty level. The department is further authorized to promulgate |
25 | any regulations necessary and in accord with title XIX [42 U.S.C. § 1396 et seq.] and title XXI |
26 | [42 U.S.C. § 1397 et seq.] of the Social Security Act necessary in order to implement said state |
27 | plan amendment. The services provided shall be in accord with title XIX [42 U.S.C. § 1396 et |
28 | seq.] and title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act. |
29 | (b) The director of the department of human services is authorized and directed to |
30 | establish a payor of last resort program to cover prenatal, delivery and postpartum care. The |
31 | program shall cover the cost of maternity care for any woman who lacks health insurance |
32 | coverage for maternity care and who is not eligible for medical assistance under title XIX [42 |
33 | U.S.C. § 1396 et seq.] and title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act |
34 | including, but not limited to, a non-citizen pregnant woman lawfully admitted for permanent |
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1 | residence on or after August 22, 1996, without regard to the availability of federal financial |
2 | participation, provided such pregnant woman satisfies all other eligibility requirements. The |
3 | director shall promulgate regulations to implement this program. Such regulations shall include |
4 | specific eligibility criteria; the scope of services to be covered; procedures for administration and |
5 | service delivery; referrals for non-covered services; outreach; and public education. Excluded |
6 | services under this paragraph will include, but not be limited to, induced abortion except to |
7 | prevent the death of the mother in cases of rape or incest or to save the life of the woman. |
8 | (c) The department of human services may enter into cooperative agreements with the |
9 | department of health and/or other state agencies to provide services to individuals eligible for |
10 | services under subsections (a) and (b) above. |
11 | (d) The following services shall be provided through the program: |
12 | (1) Ante-partum and postpartum care; |
13 | (2) Delivery; |
14 | (3) Cesarean section; |
15 | (4) Newborn hospital care; |
16 | (5) Inpatient transportation from one hospital to another when authorized by a medical |
17 | provider; |
18 | (6) Prescription medications and laboratory tests; |
19 | (e) The department of human services shall provide enhanced services, as appropriate, to |
20 | pregnant women as defined in subsections (a) and (b), as well as to other pregnant women |
21 | eligible for medical assistance. These services shall include: care coordination, nutrition and |
22 | social service counseling, high risk obstetrical care, childbirth and parenting preparation |
23 | programs, smoking cessation programs, outpatient counseling for drug-alcohol use, interpreter |
24 | services, mental health services, and home visitation. The provision of enhanced services is |
25 | subject to available appropriations. In the event that appropriations are not adequate for the |
26 | provision of these services, the department has the authority to limit the amount, scope and |
27 | duration of these enhanced services. |
28 | (f) The department of human services shall provide for extended family planning services |
29 | for up to twenty-four (24) months postpartum. These services shall be available to women who |
30 | have been determined eligible for RIte Start or for medical assistance under title XIX [42 U.S.C. |
31 | § 1396 et seq.] or title XXI [42 U.S.C. § 1397 et seq.] of the Social Security Act. |
32 | SECTION 9. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY - THE REPRODUCTIVE HEALTH CARE ACT | |
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1 | This act would prohibit the state from restricting any person from terminating any |
2 | pregnancy prior to fetal viability which is defined as that stage of gestation where the fetus could |
3 | survive outside of the womb. It would also repeal the laws regulating abortion, spousal notice of |
4 | abortion, partial birth abortion, and abortion as murder. It would also prohibit any health |
5 | insurance contract from not covering procedures involving abortion. |
6 | This act would take effect upon passage. |
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